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HomeMy WebLinkAbout2007/05/08-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 8, 2007 Present Mayor Mike Moncrief Mayor Pro tem Kathleen Hicks, District 8 Council Member Salvador Espino, District 2 Council Member Chuck Silcox, District 3 Council Member Daniel Scarth, District 4 Council Member Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Council Member Wendy Davis, District 9 Absent Council Member Donavan Wheatfall, District 5 City Staff Charles Boswell, City Manager David Yett, City Attorney Marty Hendrix, City Secretary With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 7:04 p.m. on Tuesday, May 8, 2007, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Wheatfall absent. Agenda Item H The invocation was given by Reverend Tom Connolly, Edge Park United Invocation Methodist Church. Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV Upon a motion of Council Member Espino, seconded by Council Member Approval of Jordan, the minutes of the regular meeting of May 1, 2007, were approved Minutes unanimously eight (8) ayes to zero (0) nays. Agenda Item V Mayor Pro tem Hicks presented Certificates of Recognition to the following Special former Board and Commission members: Presentations Mr. Jesse Kemp, Building Standards Commission, from August 30, 2005, through April 3, 2007. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 8, 2007 PAGE 2 of 15 Mrs. Erma Bonner-Platte, City Zoning Commission, Fort Worth Alliance Airport Zoning Commission and Scenic Preservation and Design Review Commission, from April 5, 2005, through April 3, 2007. Mr. Paul Sweitzer, Tarrant County 9-1-1 Emergency Assistance District Board, from March 8, 2005, through April 10, 2007. Mr. Sweitzer was not present to receive his certificate. Mr. Benjamin Loughry, Aviation Advisory Board, from June 3, 2003, through April 3, 2007. Mr. Loughry was not present to receive his certificate. Council Member Silcox presented a Certificate of Recognition to the Fort Worth Masonic Temple in honor of their 75th Anniversary and the Diamond Jubilee Celebration. Mr. Ron Cates, Developer with River Bend Villas, L.P., presented a check to the City in the amount of$149,416.00 that would fund a wayside horn system at property located at the intersection of Union Pacific Railroad and River Bend Boulevard. Council Member Silcox accepted the check on behalf of the City and stated that this effort would provide for the horn to sound at the intersection to alert motorists that a train was approaching a quarter mile from the intersection. He added that it would create a Quiet Zone in the area as trains would not be sounding their horns starting at the quarter mile point and continuing through the intersection. He in turn presented the check to Russ Wiles. Mr. Russ Wiles, Traffic Engineer with the Transportation and Public Works Department, expressed appreciation to Mr. Cates and emphasized the value of the Quiet Zone. Mayor Moncrief expressed appreciation to Mr. Cates and his company for funding the wayside horn and to Council Member Silcox for his leadership in this endeavor. Council Member Davis expressed appreciation to Mr. Wiles for all his hard work with the Regional Transportation Council which had proved to be very beneficial to the City of Fort Worth. Agenda Item VI Council Member Espino announced that on May 11, 2007, at 6:00 p.m. a press Announcements conference would be held by the Latin Arts Association at the Rose Marine CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 8, 2007 PAGE 3 of 15 Theatre where they would unveil their new name. He added that May 12, 2007, was also election day for the City of Fort Worth and encouraged everyone to go out and vote. He also announced that on May 12, 2007, Arcadia Park would have a community picnic at noon; Harriet Creek Ranch would have a safety fair at noon; and the Ranches Neighborhood Association off of Alliance Gateway would have a party in the park. He also recognized his daughter Alyssa Bianca Espino who was born May 8, 2001. He wished her a very happy birthday and also acknowledged his entire family. Mayor Moncrief congratulated Alyssa on her birthday and asked everyone present in the Council Chamber to sing "Happy Birthday" to her. (Council Member Espino left his place at the dais and left the meeting.) Council Member Davis addressed Mayor Moncrief s accomplishments during his tenure on the Council and the importance of his wife and family. She presented the Mayor with the Ben Hogan Award in recognition of the Hole-In- One he achieved at the Rivercrest Country Club on April 28, 2007. Mayor Pro tem Hicks announced that a Health and Wellness Fair would be held on May 12, 2007, from 9:00 a.m. to 1:00 p.m. at True Vine Missionary Baptist Church, 3732 Miller Avenue, in District 5 that was open to all Fort Worth residents. She added that for more information, people needed to call (817) 534-3764. Council Member Burdette announced that on May 6, 2007, a joint meeting of the Neighborhood Associations of South Lake Worth, East Lake Worth, and the Lake Worth Alliance was held. He stated that it was a wonderful occasion and that everyone was very pleased to see the lake at near its normal level. He stated that everyone looked forward to the improvements proposed at the lake. Mayor Moncrief regretfully announced the passing today of Fort Worth Police Officer Steve Portales from Hodgkins disease, and the passing of Marine Master Sergeant Kenneth Mack on May 5, 2007, while serving in Iraq. He expressed condolences to the families and stated that the meeting would be adjourned in their memory. Agenda Item VII City Manager Boswell requested that Mayor and Council Communication No. Withdrawn from PZ-2739 be withdrawn from the consent agenda. Consent Agenda CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 8, 2007 PAGE 4 of 15 Agenda Item VIII There were no items continued or withdrawn by the staff Continued/ Withdrawn By Staff Agenda Item IX Upon a motion made by Council Member Silcox, seconded by Council Member Consent Agenda Scarth, the Council voted seven (7) ayes to zero (0) nays, with Council Members Espino and Wheatfall absent, to approve and adopt all remaining items on the Consent Agenda as recommended and as follows: OCS-1607 M&C OCS-1607 - from the Office of the City Secretary recommending that the Claims City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. OCS-1608 M&C OCS-1608 - from the Office of the City Secretary recommending that the Liability Bonds City Council authorize the acceptance of these liability bonds as follows: PARKWAY CONTRACTOR INSURANCE COMPANY Eddie Allen dba Super Houses Hartford Casualty Insurance Company Kaufman Company Merchants Bonding Company Robert Morgan dba Morgan Concrete Western Surety Company Priority I Enterprises Inc. RLI Insurance Company Fort Worth Remodel, Inc. Old Republic Surety Company Lennar Homes,Inc. The Continental Insurance Company Joel's Concrete&Plus Hartford Casualty Insurance Company GT Construction CNA Surety HT St. Louis LLC dba CRW Western Surety Company Metroplex Concrete Construction,Inc. Western Surety Company Coaster Construction Platte River Insurance Company Romans Concrete RLI Insurance Company Turn Key Utility Construction,Inc. Western Surety Company Alton Davis Construction Universal Surety of America G-15710 M&C G-15710 - Adopting Resolution No. 3484-05-2007 recommending that Res. No. 3484-05- the City Council direct the City Manager to request and provide to the City 2007 Council, on an annual basis, the actuarial impact of budget recommendations on Provide Annual the Employees' Retirement Fund. Actuarial Impact of Budget Recommendations on Employees' Retirement Fund CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 8, 2007 PAGE 5 of 15 P-10574 M&C P-10574 - Authorizing a purchase agreement with Hardware Business Document Imaging System, Inc., for document imaging hardware and maintenance Imaging Software support for the Public Health Department; authorizing a purchase agreement and Maintenance with VP Imaging, Inc., d/b/a DocNav Solutions for document imaging software Support and maintenance support; and authorizing these agreements to begin May 1, 2007, and expire April 30, 2008, with options to renew for two additional one-year periods. PZ-2741 M&C PZ-2741 - Adopting Ordinance No. 17535-05-2007 vacating and Ord. No. 17535- extinguishing an alley right-of-way located between West Berry Street and 05-2007 Bowie Street, adjacent to Lots 5, 1-C, 1-B, and 1-A of Block 11 of Forest Park Alley Right-of- Addition, an addition to the City of Fort Worth, Tarrant County, Texas; and Way Vacation waiving any and all purchase fee value of the vacated land in accordance with (VA-06-039) City policy (M&C G-15624). C-22100 M&C C-22100 - Authorizing the City Manager to execute a contract with Integrity Home Integrity Home Repair and Construction, Inc., for the Weatherization Repair and Assistance Program for the Housing Department based on sole bid received; Construction, Inc. authorizing this contract to end one year after the date of execution with options to renew for four additional one-year terms; authorizing the City Manager to amend or renew this contract in accordance with city policies and regulations upon mutual agreement with Integrity Home Repair and Construction, Inc.; and authorizing the City Manager to execute Interlocal Agreements allowing other public entities to participate in this bid award in accordance with Local Government Code, Chapter 271.102, "Cooperative Purchasing Program". C-22101 M&C C-22101 - Authorizing the City Manager to execute a contract with B-C B-C Company, Company, Inc., in the amount of $175,151.00 for guard light circuit Inc. modifications and Runway End Identification Light replacement at Fort Worth Alliance Airport. C-22102 M&C C-22102 - Authorizing the transfer of $89,110.00 from the Water and Ord. No. 17536- Sewer Operating Fund to the Water Capital Projects Fund; adopting 05-2007 Appropriation Ordinance No. 17536-05-2007 increasing estimated receipts and Amendment No. 3 appropriations in the Water Capital Projects Fund in the amount of$89,110.00 to CSC No. 19675 from a Water and Sewer Operating Fund transfer, for the purpose of executing - C112M Hill, Inc. Amendment No. 3 to City Secretary Contract No. 19675 with CH2M Hill, Inc., to provide additional engineering services for Southside II Water Transmission Main from Rolling Hills Treatment Plant to the Crowley Road/Risinger Road intersection (City Project No. 00303); and authorizing the City Manager to CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 8, 2007 PAGE 6 of 15 execute Amendment No. 3 to City Secretary Contract No. 19675 with CH2M Hill, Inc., in the amount of $89,110.00 to provide additional engineering services on the project, thereby increasing the contract amount to $971,359.00. C-22103 M&C C-22103 - Authorizing the City Manager to execute a lease agreement Interstate for a seven year term with Interstate Industrial Properties, L.P., for office space Industrial located at 2129 West Broadway Street for the Code Compliance Department for Properties, L.P. an amount not to exceed $110,920.00 annually, plus additional rent expenses for items such as property taxes, insurance, utilities and maintenance (estimated at $11,800.00 for the first year of the lease); and authorizing the agreement to be effective on July 1, 2007, or upon the completion of tenant improvements, ending seven years thereafter with one five-year renewal option at $115,640.00 annually, and an additional five-year renewal period at $120,360.00 annually. C-22104 M&C C-22104 - Authorizing the City Manager to execute Change Order No. 1 Change Order No. to City Secretary Contract No. 34066 with Stabile & Winn, Inc., for pavement 1 to CSC No. reconstruction and water and sanitary sewer replacement on portions of 34066 - Stabile & Normandy Road (2004 CIP Project No. 00168), in the amount of$56,250.00, Winn, Inc. thereby increasing the contract amount to $1,400,970.00. C-22105 M&C C-22105 - Authorizing the City Manager to execute Change Order No. 1 Change Order No. to City Secretary Contract No. 33678 with S.J. Louis Construction of Texas, 1 to CSC No. Ltd., for 36-inch water main extension along Trinity Railway Express Right-of- 33678 - S.J. Louis Way (Greenbelt Road to FM 157), Contract 1, Units 1 and 2 (City Project No. Construction of 00352), in the amount of$95,924.30 for additional pay item quantities, thereby Texas, Ltd. increasing the contract amount to $4,085,091.87. C-22106 M&C C-22106 - Authorizing the City Manager to execute a terminal building Alliant office lease agreement with Alliant Techsystems, Inc., at Fort Worth Meacham Techsystems, Inc. International Airport. C-22107 M&C C-22107 - Authorizing the City Manager to authorize execution of Amendment No. 2 Amendment No. 2 to the contract for consulting services with URS Corporation to Consulting in the amount of $86,890.00 to update the forecast and assess the impacts of Services Contract additional uses projected in conjunction with the update of the FAR Part 150 - URS Noise Compatibility Study at Fort Worth Alliance Airport. Corporation CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 8, 2007 PAGE 7 of 15 C-22108 M&C C-22108 - Authorizing the City Manager to reject all bids received and Reject Bids and re-bid for improvements at the Fort Worth Nature Center and Refuge. Authorize Re-Bid for Improvements at Fort Worth Nature Center and Refuge C-22109 M&C C-22109 - Authorizing the City Manager to apply for and accept, if Ord. No. 17537- awarded, a grant from the Texas Health and Human Services Commission 05-2007 (THHSC) requesting up to $600,500.00 for the Year 2007 Summer Food Texas Health and Services Program (SFSP); adopting Appropriation Ordinance No. 17537-05- Human Services 2007 increasing estimated receipts and appropriations in the Grants Fund in the Commission amount of $600,500.00, subject to receipt of the grant from the Texas Health and Human Services Commission, for the purpose of funding the 2007 Summer Food Service Program; authorizing the execution of a contract with THHSC for the 2007 SFSP upon receipt of the grant; and applying an indirect cost rate of 19.18 percent, which is the most recently approved rate for this department, and apply the new, approved indirect rate when available. The motion carried. End of Consent Agenda. Agenda Item X Mayor Pro tem Hicks made a motion, seconded by Council Member Davis that Presentations by Erma Bonner-Platte be appointed to Place 8 on the Historic and Cultural City Council Landmarks Commission effective May 8, 2007, and with a term expiring October 1, 2008. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Wheatfall absent. Agenda Item XI Mr. Otis Thornton, Homeless Coordinator for the Housing Department, Committee representing Mr. Ralph McCloud, Chair, Mayor's Advisory Commission on Presentations Homelessness, and advised the Council of the success of the first ever Project Homeless Connect conducted on April 19, 2007, at Broadway Baptist Church. He also read a proclamation from the Commission endorsing the City's Affordable Housing Trust Fund. AGENDA ITEM XIII—REPORT OF THE CITY MANAGER G-15711 There was presented Mayor and Council Communication No. G- 15711 from Appoint Cody W. the City Manager recommending that the City Council authorize the City Pace to Manager to appoint Mr. Cody W. Pace, PE, to Place 2, Engineer, of the City's Construction and Construction and Fire Prevention Board of Appeals, beginning May 8, 2007, Fire Prevention and with a term expiring October 1, 2008. Board of Appeals CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 8, 2007 PAGE 8 of 15 Council Member Davis made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. G-15711 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Wheatfall absent. G-15712 There was presented Mayor and Council Communication No. G-15712 from Appoint Robert the City Manager recommending that the City Council authorize the City M. Madeja to Manager to appoint Mr. Robert M. Madeja to Place 11, Home Builder, of the Construction and City's Construction and Fire Prevention Board of Appeals, beginning Fire Prevention May 8, 2007, and with a term expiring October 1, 2007. Board of Appeals Council Member Jordan made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15712 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Wheatfall absent. G-15713 There was presented Mayor and Council Communication No. G-15713 from Submit FY 2007- the City Manager recommending that the City Council authorize the City 2008 Funding Manager to submit the City's FY 2007-2008 funding application to the Fort Application to Worth Crime Control and Prevention District (CCPD) Board of Directors. CCPD Board of Directors Council Member Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15713 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Wheatfall absent. G-15714 There was presented Mayor and Council Communication No. G-15714 from Amend FY 2006- the City Manager recommending that the City Council authorize the City 2007 CCPD Manager to submit a request to the Crime Control and Prevention District Budget for Graffiti (CCPD) Board of Directors for an amendment to the FY 2006-2007 CCPD Abatement Fund Budget to add funds to the Graffiti Abatement Program in the amount of Program $154,912.00. Council Member Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15714 be approved with appreciation to City staff The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Wheatfall absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 8, 2007 PAGE 9 of 15 G-15715 There was presented Mayor and Council Communication No. G-15715 from Amend Gas Well the City Manager recommending that the City Council amend the Gas Well Revenue Revenue Policy raising the cap on the Citywide Park Endowment Fund to ten Distribution Policy million dollars. to Raise Cap on Citywide Park Council Member Davis made a motion, seconded by Council Member Scarth, Endowment Fund that Mayor and Council Communication No. G-15715 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Wheatfall absent. Public Hearing It appeared that the City Council set today as the date for a public hearing on G-15716 the application of Bunge Oils, Inc., for approval of a Municipal Setting Res. No. 3485-05- Designation located at 400 East Exchange Avenue, Fort Worth, Texas, to the 2007 Texas Commission on Environmental Quality and adopt an ordinance Ord. No. 17538- prohibiting the potable use of designated groundwater from beneath the site. 05-2007 Mayor Moncrief opened the public hearing and asked if there was anyone Approve present desiring to be heard. Municipal Setting Designation at 400 Ms. Janay Tieken, Development Project Coordinator for the Environmental East Exchange Management Department, appeared before Council, gave a staff report and Avenue and called attention to Mayor and Council Communication No. G-15716, as Amend Chapter follows: 12.5,Article IV, Appendix "A", to There was presented Mayor and Council Communication No. G-15716 from Add Section 8 of the City Manager recommending that the City Council conduct a public hearing the City Code on the application of Bunge Oils, Inc., for approval of a Municipal Setting Designation (MSD) for the area located at 400 East Exchange Avenue, Fort Worth, Texas, to allow the public the opportunity to give testimony. This is an approximately 18 acre tract, in Fort Worth, Tarrant County, Texas, to be known as the Bunge Oils, Inc., MSD; adopt a resolution in support of the application of Bunge Oils, Inc., to the Texas Commission on Environmental Quality for a Municipal Setting Designation at 400 East Exchange Avenue, Fort Worth, Texas; and adopt an ordinance amending the Code of the City of Fort Worth (1986), as amended, by the amendment of Chapter 12.5, "Environmental Protection and Compliance", Article IV "Groundwater and Surface Water Quality", by amending Appendix "A" "Municipal Setting Designation Sites in Fort Worth", by the addition of Section 8; designating CFW-MSD-0008, providing for the prohibition of the use of groundwater for potable and irrigation purposes in CFW-MSD-0008; providing that this ordinance is cumulative; providing a severability clause; providing a fine of up to $2,000.00 for each offense in violation of the ordinance. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 8, 2007 PAGE 10 of 15 There being no one present desiring to be heard in connection with the public hearing, Council Member Davis made a motion, seconded by Council Member Silcox, that the public hearing be closed, Mayor and Council Communication No. G-15716 be approved and Resolution No. 3485-05-2007 and Ordinance No. 17538-05-2007 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Wheatfall absent. Public Hearing It appeared that the City Council set today as the date for a public hearing on G-15717 the application of Drake Realty Group, L.P., for approval of a Municipal Res. No. 3486-05- Setting Designation located at 500 North Main Street, Fort Worth, Texas, to the 2007 Texas Commission on Environmental Quality and adopt an ordinance Ord. No. 17539- prohibiting the potable use of designated groundwater from beneath the site. 05-2007 Mayor Moncrief opened the public hearing and asked if there was anyone Approve present desiring to be heard. Municipal Setting Designation at 500 Ms. Janay Tieken, Project Development Coordinator for the Environmental North Main Street Management Department, appeared before Council, gave a staff report and and Amend called attention to Mayor and Council Communication No. G-15717, as Chapter 12.5, follows: Article IV, Appendix "A", to There was presented Mayor and Council Communication No. G-15717 from Add Section 9 of the City Manager recommending that the City Council conduct a public hearing the City Code on the application of Drake Realty Group, L.P., for approval of a Municipal Setting Designation (MSD) for the property located at 500 North Main Street, Fort Worth, Texas, an approximately 1.492-acre tract, more fully described as Lots 1 through 13 and Lots 36 through 48, Block 10, in north Fort Worth, Tarrant County, Texas, to allow the public the opportunity to give testimony; adopt a resolution in support of the application of Drake Realty Group, L.P., to the Texas Commission on Environmental Quality for a Municipal Setting Designation at 500 North Main Street, Fort Worth, Texas; and adopt an ordinance amending the Code of the City of Fort Worth(1986), as amended, by the amendment of Chapter 12.5, "Environmental Protection and Compliance", Article IV "Groundwater and Surface Water Quality", by amending Appendix "A" "Municipal Setting Designation Sites in Fort Worth", by the addition of Section 9; designating CFW-MSD-0009, providing for the prohibition of the use of groundwater for potable and irrigation purposes in CFW-MSD-0009; providing that this ordinance is cumulative; providing a severability clause; providing a fine of up to $2,000.00 for each offense in violation of the ordinance. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 8, 2007 PAGE 11 of 15 There being no one present desiring to be heard in connection with the public hearing, Council Member Scarth made a motion, seconded by Council Member Burdette, that the public hearing be closed, Mayor and Council Communication No. G-15717 be approved and Resolution No. 3486-05-2007 and Ordinance No. 17539-05-2007 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Wheatfall absent. Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15718 adopt an ordinance for Standards of Care for Youth Programs in the Parks and Ord. No. 17540- Community Services Department. Mayor Moncrief opened the public hearing 05-2007 and asked if there was anyone present desiring to be heard. Readopt and Amend Standards Ms. Sandra Youngblood, Assistant Director, Parks and Community Services of Care Youth Department, appeared before Council, gave a staff report and called attention to Programs Mayor and Council Communication No. G-15718, as follows: There was presented Mayor and Council Communication No. G-15718 from the City Manager recommending that the City Council hold a public hearing and adopt an ordinance readopting and amending the Standards of Care for Youth Programs offered by the Parks and Community Services Department, by amending Subsection E. of Section 6 "Program Coordinator Qualifications", to require adult and child CPR training and AED training and amending Subsection E. of Section 8 "Program Leaders (Leaders) Qualifications", to require adult and child CPR training and AED training, and by the addition of Subsection I. of Section 8, to require leaders to possess six (6) months experience in recreation, education or youth programs and the addition of Subsection J. of Section 8, to require leaders to possess a high school diploma or GED certificate and the amendment of Subsection F. of Section 15 "Transportation", to require children to be properly secured in safety seats. There being no one else present desiring to be heard in connection with the public hearing, Council Member Jordan made a motion, seconded by Council Member Davis, that the public hearing be closed, Mayor and Council Communication No. G-15718 be approved and Ordinance No. 17540-05-2007 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Wheatfall absent. PZ-2739 There was presented Mayor and Council Communication No. PZ-2739, dated Withdrawn from May 1, 2007, from the City Manager recommending that the City Council Consideration adopt an ordinance vacating and extinguishing a portion of Oakhurst Scenic CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 8, 2007 PAGE 12 of 15 Drive right-of-way adjacent to Lots 12, 13 and part of Lot 14, Block 1, West Oakhurst Addition, an addition to the City of Fort Worth, Tarrant County, Texas. Ms. Dana Burghdoff, Planning and Development Department Assistant Director, appeared before Council and stated that staff was requesting withdrawal of this item to allow a meeting with the affected neighborhood to occur. Council Member Davis made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. PZ-2739 be withdrawn from consideration. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Wheatfall absent. C-22110 There was presented Mayor and Council Communication No. C-22110 from the SRLS Texas, LLC City Manager recommending that the City Council authorize the City Manager to execute an Engineering Services Agreement with SRLS Texas, LLC, for an amount not to exceed $1,090,020.00 for engineering, construction management, inspection, testing, and quality control for the 2007 Contract Street Maintenance Program with an option to renew for an additional one year, if agreeable to both parties. Council Member Scarth made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22110 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Wheatfall absent. C-22111 There was presented Mayor and Council Communication No. C-22111 from the LopezGarcia City Manager recommending that the City Council authorize the City Manager Group, Inc. to execute a contract with LopezGarcia Group, Inc., in an amount not to exceed $200,000.00 for the preparation of the first phase of a historic resources survey for the City of Fort Worth. Council Member Davis made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-22111 be approved with appreciation to the committee who selected this consultant. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Wheatfall absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 8, 2007 PAGE 13 of 15 AGENDA ITEM XIVA — ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL ZC-07-035 It appeared that the City Council, at its meeting of May 1, 2007, continued the SP-06-048 hearing of the application of Race Street Properties, L.P., for a change in zoning Approved of property located at 2707, 2711 and 2719 Race Street, and 717 and 719 Blandin Avenue from "J" Medium Industrial and "PD-740" Planned Development for all uses in "E" Neighborhood Commercial to "PD/SU" Planned Development/Specific Use for all uses in "F" General Commercial with residential use, with site plan required, Zoning Docket No. ZC-07-035 and Site Plan No. SP-06-048. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the application of Race Street Properties, L.P., Council Member Scarth made a motion, seconded by Council Member Jordan, that the hearing be closed and that Zoning Docket No. ZC-07-035 and Site Plan No. SP-06-048 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Wheatfall absent. ZC-07-051 It appeared that the City Council, at its meeting of May 1, 2007, continued the Approved hearing of the application of the City of Fort Worth for a change in zoning of property located at 918 Verbena Street and 1104 Veal Street from "B" Two Family Residential to "MU-1" Low Intensity Mixed Use, Zoning Docket No. ZC-07-051. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the application of the City of Fort Worth, Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that the hearing be closed and that Zoning Docket No. ZC-07-051 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Wheatfall absent. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that the hearing be closed and that the following ordinance be adopted: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 8, 2007 PAGE 14 of 15 ORDINANCE NO. 17541-05-2007 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY RESIDENCE AND OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Wheatfall absent. Agenda Item XV The following individuals appeared before Council relative to various issues Citizen contributing to the decline to the eastside of Fort Worth. They expressed Presentations concern with the unacceptable behavior of transients, criminal vagrants and panhandlers, and the proliferation of drugs, prostitution, alcohol sales and auto repair shops. They asked the Council to dedicate more Police Department and Code Compliance Department resources to eliminate these problems and assist the area in becoming self-sustaining once again. It was also suggested that an Intake and Assessment Center be made available to direct homeless and indigent individuals to various services and resources. Michael Phipps, Mr. Michael Phipps 4451 Normandy Road Norman Bermes, (Represented West Meadowbrook) Patrick Murphy, Mr. Norman Bermes 316 Palo Verde Lane Wanda Conlin (Represented East Fort Worth Business Association) Mr. Patrick Murphy (No address given) Ms. Wanda Conlin 1755 Martel (Represented West Meadowbrook Neighborhood Association) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MAY 8,2007 PAGE 15 of 15 Louis McBee Mr. Louis McBee, 5513 Aspen Lane, representing the Eastside Sector Alliance, appeared before Council relative to alcohol sales for off-site consumption. He advised the Council that individuals could file a protest of an alcohol permit through the court system. He summarized the Alliance's success of protesting an alcohol permit for a business on Riverside and East Lancaster, but cautioned that protesting was not always successful. He stated that the City needed to be more involved and suggested the City provide legal assistance on a pro bono basis. Several Council Members responded to these presentations by assuring the speakers that the City was working proactively to address these issues. They advised of the following endeavors: - Transitional housing for the homeless - Placement of"No Trespassing" signs - No alcohol sales within 1,000 feet of a homeless shelter - Engagement of various Task Forces to mitigate the problem - Judicious review of all alcohol permits - Awareness from all levels of government on this issue - Workshop to learn how other municipalities achieved success with this issue City Attorney Yett also advised that the City had very limited authority to adopt ordinances to address alcohol sales as it was mostly state regulated. Agenda Item XVII There being no further business, the meeting was adjourned at 8:51 p.m. in Adjournment memory of Police Officer Steve Portales and Marine Master Sergeant Kenneth Mack. These minutes approved by the Fort Worth City Council on the 15th day of May, 2007. Attest: Approved: FY�' l Marty H drix Michael 61<4onc 'ef City Secretary Mayor